tion to any particular brand of merchandise, as it detracts somewhat from the force of the general prohibition." It is true that the taotai in the final paragraph of his proclamation seems to dwell more forcibly on Standard Oil trade-marks than on American trademarks generally, though said paragraph begins with the statement that he has "ordered all officials under his jurisdiction to forbid such imitations "-a general prohibition which covers all American trade-marks. It is to be noted that the taotai's proclamation, issued at my request, follows that issued on August 20 at the request of H. B. M. consul-general, in which particular stress was laid on the trade-marks of the British-American Tobacco Company and soaps for which Messrs. Burkill & Sons are sole agents "-a degree of particularity even exceeding that of the proclamation issued at my request. I see nothing further in the latter proclamation than the tendency of the Chinese mind to follow precedent. It is probable that a proclamation hereafter issued at the request of the Italian or French authorities would dwell on the criminality of infringements of specified products, macaroni, or wine, for example, of those countries. I have, etc., File No. 406/88-89. CHARLES DENBY. The Acting Secretary of State to Chargé Fletcher. No. 353.] DEPARTMENT OF STATE, Washington, October 8, 1907. SIR: There is inclosed herewith for your information, copy of a note received by the American legation at Madrid from the Spanish foreign office on the subject of the jurisdiction of Spanish consular courts in China. In this connection your attention is called to the department's No. 343 of August 13, addressed to the legation. a I am, etc., ROBERT BACON. File No. 406/105-106. No. 769.] Chargé Fletcher to the Secretary of State. AMERICAN LEGATION, Peking, October 22, 1907. SIR: Referring to Mr. Rockhill's No. 642, of June 14 last, on the subject of the reciprocal protection of trade-marks in China, I have the honor to inclose copy and translation of a note received to-day from the Spanish minister, informing me that, according to instructions received from his Government, the Spanish consular courts in China are, in the absence of special legislation, without jurisdiction. in the premises. I have, etc., HENRY P. FLETCHER. [Inclosure. Translation.] The Spanish Minister to Chargé Fletcher. SPANISH LEGATION IN CHINA AND SIAM, Mr. CHARGÉ D'AFFAIRES AND DEAR COLLEAGUE: Referring to the letter which I had the honor of addressing to Mr. Rockhill June 13 last, in reply to his note a Supra. of the previous day, proposing an exchange of notes between our two legations for the protection of trade-marks of our respective citizens by means of the intervention of consular courts, as is done in Morocco, I have to inform you, according to instructions received from my Government, that until there is a special law changing the jurisdiction of the Spanish consular courts in China these courts may not pass upon the matter which is the subject of this note. I seize this occasion, etc., (Signed) M. DE CARCER. File No. 406/95-97. No. 359.] The Secretary of State to Chargé Fletcher. DEPARTMENT OF STATE, Washington, October 25, 1907. SIR: I have to acknowledge the receipt of Mr. Rockhill's dispatch, No. 710, of August 30 last, inclosing newspaper clippings stating that a proclamation has been issued by the Shanghai taotai for the protection of British trade-marks from infringement in the latter's district. With the dispatch is also inclosed a copy of Mr. Rockhill's instruction to the consul-general at Shanghai, suggesting that the latter endeavor to secure similar protection for American trade-marks in that district. The department approves the instruction to Consul-General Denby and hopes that, pending the much-needed, more comprehensive arrangements, the Shanghai taotai will take a similar step in regard to American trade-marks. Copies of the dispatch and of its inclosures have been sent to the Commissioner of Patents for his information. I am, etc., ELIHU ROOT. File No. 406/93-94. The Third Assistant Secretary of State to Consul-General Denby. No. 29.] DEPARTMENT OF STATE, Washington, October 30, 1907. SIR: I have to acknowledge the receipt of your dispatch No. 30, of the 25th ultimo, inclosing copies of a proclamation issued by the taotai for the protection of American trade-marks. A copy of the proclamation has been sent to the Department of the Interior for the information of the Commissioner of Patents. It is noted in reading the proclamation that, while it purports to forbid the imitation of American goods and trade-marks in general, the last paragraph, which is the really vital part of the proclamation, forbids only the imitation of Standard Oil Company's goods. While the taotai undoubtedly intended to forbid the infringement of all American trade-marks, he has failed to do so expressly, and it is the opinion of the department that it would be well to invite the attention of the taotai to that omission. HUNTINGTON WILSON. I am, etc., File No. 406/99-101. No. 33.] The Secretary of State to Consul-General Denby. DEPARTMENT OF STATE, Washington, November 23, 1907. SIR: I have to acknowledge the receipt of your dispatch No. 37, of the 7th ultimo, transmitting copies of correspondence had with the legation at Peking relative to the proclamation with regard to the infringement of trade-marks published by the taotai of Shanghai. By reference to the department's instruction No. 29, of the 30th ultimo, you will observe that the department has shared the impression made upon the legation. I am, etc. (for the Secretary of State), W. J. CARR, Chief Clerk. AGREEMENT EFFECTED BY EXCHANGE OF NOTES. The Danish Minister to the Secretary of State. [Translation.] LEGATION OF DENMARK, Washington, D. C., March 19, 1907. Mr. SECRETARY OF STATE: By order of my Government I have the honor to beg that your excellency will kindly let me know whether the Government of the United States would be disposed to conclude an arrangement with the Government of the King for the reciprocal protection in China of the trade-marks of the citizens of our two countries when the said trade-marks are duly registered in the country of the infringer. Should the Government of the United States be disposed to conclude such an arrangement, the King's Government would take the necessary measures to have Danish subjects who would infringe in China an American trade-mark duly registered in Denmark brought before the Danish consular court at Shanghai and eventually punished in accordance with the provisions of the law of Denmark. The Government of the King would expect the Government of the United States to take similar measures in regard to American citizens who might violate in China the privilege of a Danish subject whose trade-mark is duly registered in the United States. I am authorized to add that my Government would be very glad if such an arrangement could be effected by means of an exchange of notes between your excellency and me. Hoping that your excellency will see no objection to assenting to this proposal of my Government, I beg you to accept, Mr. Secretary of State, the renewed assurance of my high consideration. No. 671.] Secretary of State to the Danish Minister. C. BRUN. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 19th instant, in which, by order of your Government, you inquire whether the Government of the United States would be disposed to conclude with that of Denmark an arrangement by an exchange of notes for the reciprocal protection in China of trade-marks of the citizens of either country from infringement by citizens of the other when the said trade-marks are duly registered in the country of the infringer. By this agreement Danish subjects infringing in China an American trade-mark duly registered in Denmark would, you state, be brought before the Danish consular court at Shanghai and eventually punished in accordance with the provisions of the law of Denmark, and the Government of the King would expect the Government of the United States to take similar measure in regard to American citizens who might violate in China the privilege of a Danish subject whose trade-mark is duly registered in the United States. The agreement proposed by your Government is in line with the agreements which have been effected by exchange of notes between the minister of the United States at Peking and the diplomatic representatives there of certain other countries. It is to be pointed out, however, that in view of the fact that there is no statute in the United States making the infringement-counterfeiting, etc., of a trade-mark-a criminal offense, and that effectual provision exists by a civil action for damages by the owner of a trademark, the word "punishment" is to be understood, with respect to the United States, to refer to a civil action only and not to a criminal procedure. If this explanation, which has been made in the case of each of the agreements mentioned above, is satisfactory to your Government, I shall be pleased to make the exchange of notes with you. Accept, Mr. Minister, the renewed assurances of my highest consideration. ELIHU ROOT. The Danish Legation to the Secretary of State. [Translation.] DANISH LEGATION, Washington, May 27, 1907. MR. SECRETARY OF STATE: Referring to note, No. 671, which your excellency had the kindness to address to the legation on March 25 last, I have the honor, by order of my Government, to inform you that the necessary instructions have been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly deposited in Denmark, against violations by Danish subjects in China, to the same extent as Danish marks of the same nature are protected. The law which the Danish court at Shanghai is called upon to enforce in the premises is the Danish law of April 11, 1890, amended by the law of December 19, 1898, and the ordinances of September 28, 1894, and September 12, 1902. Hoping to receive a note informing me that the diplomatic and consular officers of the United States in the Middle Kingdom have had the necessary instructions sent to them in order to insure reci procity by granting the protection of the United States consular courts in China to Danish subjects against American citizens who have counterfeited Danish trade-marks regularly deposited in the United States, I beg of you, Mr. Secretary of State, to accept the renewed assurance of my highest consideration. No. 694.] The Secretary of State to the Danish Legation. J. CLAN. DEPARTMENT OF STATE, Washington, June 12, 1907. SIR: I have the honor to acknowledge the receipt of your note of the 27th ultimo by which you inform me that in pursuance of the understanding reached by the correspondence which passed between the Danish Legation and the Department of State on March 19 and 25, 1907, the necessary instructions have been sent to the Danish consul at Shanghai (the consular headquarters for the whole of China) in order to authorize him to protect American trade-marks, duly deposited in Denmark, against violations by Danish subjects in China, to the same extent as Danish marks of the nature are protected. As a completion of the exchange of notes to give the said understanding effect, I have the honor to inform you that, on the part of the United States, the minister of the United States at Peking has this day been instructed to inform the consular officers of the United States in China that hereafter trade-marks of Danish subjects, which have been duly registered in the United States, are to be protected against infringement by such persons as come under the jurisdiction of the United States consular courts in China. Accept, sir, the renewed assurances of my high consideration. ELIHU ROOT. ISSUANCE AND VISÉ OF SECTION 6 CHINESE CERTIFICATES. The Acting Secretary of State to the Chinese Minister. No. 71.] DEPARTMENT OF STATE, Washington, April 13, 1906. SIR: I have the honor to acknowledge the receipt of your personal note of the 28th ultimo, stating that the Chinese consul-general at Johannesburg is the sole representative of the Chinese Government in the whole continent of Africa, and suggesting that the certificate given by him to the Chinese student, Dr. F. C. Yen, be accepted as sufficient to enable the latter to remain in the United States, if it be in other respects regular. A copy of your note was sent to the Secretary of Commerce and Labor on the 2d instant for his consideration. In his letter in reply, dated the 6th instant, the Secretary of Commerce and Labor says: This department has never been advised that the Chinese Government has authorized its consul-general at Johannesburg to issue to Chinese citizens of @ Not printed. |